Last Updated: February 24, 2025*.*

PLEASE READ THIS TERMS OF SERVICE CAREFULLY.  IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE, INCLUDING VIDEOS AND OTHER SERVICES WE MAKE AVAILABLE THROUGH THE SERVICE.

THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICE AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).

Introduction

Welcome!  The Terms of Service (the “Terms”) governs the website www.poolday.ai (including both mobile and online versions) (the “Site”), including your use of interactive features, content and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Service”), which are made available by Poolday AI Inc. (“Poolday”, “we”, “our” or “us”).  By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. Poolday provides the Service to help users create their own videos utilizing actors created by AI.

If You Want to Use the Service,

then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations.  Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted.  Therefore, do not use the Service if you do not agree.

The business realities associated with operating the Service are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Service available to you.

By accessing and/or using the Service, you agree to be bound by these Terms.  In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.  Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use.

Terms and Conditions

1. Account Types and Account Details

A. Account Access.  No one under eighteen (18) years of age is allowed to create an account or use the Service.  In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process that we make available through the Service (and purchase a subscription or credits as described in Section 4).  ****The Service’s practices governing any resulting collection and use of your information that (i) identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, data subject, or household; or (ii) is defined as “personal information,” “personal data,” “personally identifiable information,” or similar term under Data Protection Laws (defined hereafter) (“Personal Data”) are disclosed in our Privacy Policy, and further described in Section 9.  ****If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive.  We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.  ****We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.  If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account.  We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.  You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don’t do anything illegal, abusive towards others, or that abuses our Service in a technical way.

2. Content, Ownership, Limited License and Rights of Others

A. Content.  The Service contains a variety of: (i) materials and other items relating to Poolday, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Poolday (collectively, “Trademarks”); and (iii) other forms of intellectual property, ( collectively, “Content”).  We own or have licenses to all Content.  We own all images of all actors and digital images used in the Service.  No public or stock photos or footage has been used in the creation  of any actors provided in the Service.

B. Ownership.  The Service (including past, present, and future versions) and the Content are owned or controlled by Poolday, our licensors and/or certain other third parties.  All right, title, and interest in and to the Content available via the Service is the property of Poolday or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  Poolday owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.   Notwithstanding the foregoing, you will own all right, title and interest in any videos you create through the Service (“Videos”); provided, however, you grant to us a non-exclusive, irrevocable, assignable and transferable license to use, display, view and/or play the Videos for any commercial purpose.

C. Limited License to Content.  Subject to your strict compliance with these Terms (including payment of any requested subscription or credit fee pursuant to Section 4 below) and any Additional Terms, Poolday grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download, display, view, use, and/or play the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for you own use only solely to use the Services and create Videos.  The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Poolday’s sole discretion, and without advance notice or liability.  In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

D. Rights of Others.  When using the Service, you must respect the intellectual property and other rights of Poolday and others.  Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 6  below.

3. Service and Content Use Restrictions

A. Service Use Restrictions.  You agree that you will not: (i) use the Service for any political purpose; (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Poolday; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) use the Service, Content or Videos to train, manipulate, service or otherwise engage with machine learning or any other artificial intelligence algorithm; (vi) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Poolday, or other users of the Service; (vii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below); (viii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (ix) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (x): (a) use false or deceptive identities, names or accounts; (b) deploy or otherwise use bots, malware, viruses or scrapers; (c) make it appear as though any aspect of your account, User-Generated Content, or Videos, including, without limitation, your plays, likes, messages, reposts, etc., are more successful than they actually were through unauthentic interactions by you or third parties you engage, manage or transact with (e.g., click-fraud, manipulating social media followings, etc.); (d) engage in any activities that are designed to defraud or game Poolday or third parties; or (e) deploy, or permit any third party to deploy, any technology on, or in connection with, Poolday or Poolday branded sites, systems or services that can enable the tracking of site or service activities or users, except with Poolday prior express written approval; or (xi) otherwise violate these Terms or any Additional Terms.

B. Content and Video Use Restrictions.  You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content or Videos (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content or Videos (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content or Videos; (iv) you will not use such Content or Videos in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) except provided in these Terms or otherwise specified in any other written agreement between you and Poolday, you will not make any modifications to such Content, nor use the Service, Content or Video in a manner not intended by these Terms; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content or Videos in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Poolday or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content or Videos in any way that adversely affects any user experience.

C. Availability of Service and Content.  Poolday may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Poolday’s sole discretion, and without advance notice or liability.   In the event of a suspension or termination, you will no longer have access to the Service or Content except for any Videos downloaded by you prior to any such suspension or termination.

D. Reservation of All Rights Not Granted as to Content and Service.  These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  All rights not expressly granted to you are reserved by Poolday and its licensors and other third parties.  Any unauthorized use of any Content or the Service for any purpose is prohibited.

4. Terms Applicable to Purchases and/or Subscriptions

A. Generally.  To purchase access and use of subscriptions or credits we make available for sale on the Service or other products and services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence, have a credit or debit or credit card or access to an business account for ACH debits.  Prior to the purchase of any products or services, you must provide us with: (A)  a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card, or (B) appropriate business account information including: (i) account name, (ii) account number and (iii) any other information required by our payment processor.  By submitting that information to us or our third party payment processor, you agree that you authorize us and/or our processor to charge your card or debit your account at our convenience but within thirty (30) days of such authorization.  For any product or service that you order on the Service, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order.  Poolday will automatically bill your credit card or other form of payment submitted as part of the order process for such price.  The timing and amount of each membership subscription or credit depends on the type of membership agreement you enter into with us.  You can see the details as you join, as well as in the receipt sent to you after each successful payment.  You can view all your active paid membership subscriptions, credits and billing history on your account page.  For monthly subscriptions, canceling your support may result in your loss of access to the Service, Content and any Videos that have not yet been downloaded by you.  These include when you cancel your membership subscription or your payment method fails.  Depending on your membership, you will receive a certain number of credits per month to create Videos or utilize other features on the Site.  Credits must be used in the month in which you receive them.  No credits will rollover to the next month.  There are no refunds for credits.  Any unused credits will automatically expire at 12:01am PT on the first day of the next month after issuance of such credits.  However, if you upgrade your membership, including an upgrade to a membership under a Master Services Agreement with Poolday, any unused credits from your old membership will roll over to your new membership and will be available for use in your account.

B. Subscription Term & Termination.  .  You understand that prior to your access of the Service, you and Poolday shall agree on an onboarding date. Your subscription will commence once on such onboarding date, provided that you have paid all applicable fees. Your subscription will continue in full force for the length of the term you specifically purchased or on a month-to-month term until such time as you cancel the subscription as further explained below (the “Subscription Term”).  In the event that you cancel a subscription in the middle of your Subscription Term, you will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term.  Poolday will have the right, upon written notice to you, to terminate these Terms, and suspend your access to your subscription, if: (a) you fail to pay Poolday any amount due to Poolday under these Terms; and/or (b) you materially breach any term or condition of these Terms.  Poolday shall have the right to terminate these Terms and suspend your access to your subscription with or without cause, upon thirty (30) days written notice to you in which case you will no longer be charged for access to the subscription.  Upon the expiration or termination of these Terms for any reason, your access to, and your use of, your subscription will terminate.

C. Auto-Renewal of Membership.  Your subscription to the applicable subscription on the Service will automatically renew at the end of your Subscription Term continuously and indefinitely without action by the member, and the membership fee is charged to the member at the time of renewal.  An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is canceled by the enrolled member as set forth in the paragraph below.  By providing your payment method information for your subscription, you are agreeing to pay a subscription fee, that will automatically renew, at the then current rate, unless you cancel prior to the expiration of the current Subscription Term, and any applicable taxes and service fees (collectively, the “Fees”).  The Fees will be charged to your original payment method automatically at the beginning of your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of your current Subscription Term, unless you cancel your subscription or your account is suspended or terminated pursuant to these Terms.  The renewal Subscription Term will be the same length as your initial Subscription Term unless otherwise disclosed to you at the time of sale.  The rate for the renewal Subscription Term will be the then current subscription-rate.  The Fees charged to your payment method may vary from Subscription Term to Subscription Term due to changes in your subscription plan or applicable taxes, and you authorize Poolday to charge your payment method for these amounts.  You agree that Poolday reserves the right to change the pricing we charge you for your subscription and any products/services offered in your subscription package at any time.  In the event of a price change, Poolday will post the new pricing on the Service and attempt to notify you in advance by sending an email to the address you have registered for your account.  If you do not wish to accept a price or subscription package change made by us, you may cancel your subscription as described below, otherwise if you have not responded within 10 days of receipt of such email, your access to the Services will be suspended until such time you have agreed to the pricing changes or have otherwise come to an agreement with Poolday.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to you.  If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Poolday within sixty (60) days after they first appear on an account statement.

D. Cancellation of Membership.  A member will have the right to cancel your subscription at any time upon notice to Poolday by email at [email protected].  Cancellation of initial membership any time after purchase will result in forfeiture of the membership fee.  To avoid a late cancellation fee or forfeiture of the membership renewal fee, membership should be canceled prior to the end of the then current Subscription Term.  Upon cancellation, the member loses access to the areas of the Service.  This could include any credit and other data and analyses that have been displayed during your membership.   To the extent that you continued to get charged after cancellation of your membership due to Poolday error or otherwise, you agree that your sole remedy will be to receive a refund from Poolday for the overcharged amounts.

E. Methods of Payment, Credit Card Terms and Taxes.  All payments must be made Visa, Mastercard, American Express, Discover, Apple Pay or ACH.  We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy.  Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.  You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so.  YOU, AND NOT POOLDAY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.  Unless you notify Poolday of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.  If Poolday does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Poolday or its agents.  Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products.  You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes.  Poolday shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

F. Refund Policy.  All purchase transactions made through the Service are subject to Poolday’s return policy in effect at the time of purchase.  Currently, Poolday’s refund policy is to not offer any refunds for any subscriptions, credits or products purchased through the Service, except in our sole and absolute discretion.

G. Order Acceptance Policy.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  Poolday reserves the right at any time after receipt of your order to accept or decline your order for any reason.  Poolday further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.  Your order will be deemed accepted by Poolday upon our delivery of products or services that you have ordered.  We may require additional verifications or information before accepting any order.  Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to you in the amount charged for the canceled portion or the quantity not provided (if your payment method has already been charged for the order); or (b) we will not charge your payment method for the cancelled portion of the order or the quantity not provided.  Do not assume that a cancellation or change of an order you have placed with Poolday has been effected until you receive a confirmation from Poolday via email or the Service.  As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.

H. No Responsibility to Sell Mispriced Products or Services.  We do our best to describe every item, product or service offered on this Service as accurately as possible.  However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free.  In the event of any errors relating to the pricing or specifications of any item, product or service, Poolday shall have the right to refuse or cancel any orders in its sole discretion.  If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge.  Additional terms may apply.  If a product you purchased from Poolday is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

I. Modifications to Prices or Billing Terms.  The purchase of products and services on the Service is subject to availability.  PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.  POOLDAY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE ONLY UPON YOUR CONSENT. In the event that you do not accept the new pricing, you may move to a different pricing package or terminate the Service at no additional cost to you.

5. Content You Create or Submit and Usage Rules

A. User-Generated Content.

(i)  General.  Poolday may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein and any Videos created by you (collectively, “User-Generated Content”).   Poolday may allow you to do this through the Service and other approved functionality.  Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

(ii)  Non-Confidentiality of Your User-Generated Content.  Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Poolday does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content.  Upon Poolday’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms.  You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that creation and submissions of User-Generated Content may not be secure, and you will consider this before creating or submitting any User-Generated Content and do so at your own risk.

(iii)  License to Poolday of Your User-Generated Content.  Except as otherwise described in any applicable Additional Terms, you grant to Poolday the non-exclusive, limited, conditional, , worldwide, revocable, , and cost-free right and license to use, copy, record, distribute, reproduce, disclose display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof) only in accordance with your use of the Service.

(iv) Exclusive Right to Manage Our Service.  Poolday may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and ****Poolday may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner.  Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 5(B)).  Such User-Generated Content created or submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once created or submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.

(v) Representations and Warranties Related to Your User-Generated Content.  Each time you create or submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to created and submit the User-Generated Content and grant Poolday the rights to it that you are granting by these Terms and any Additional Terms, all without any Poolday obligation to obtain consent of any third party and without creating any obligation or liability of Poolday; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Poolday’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.

(vi) Enforcement.  Poolday has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Poolday’s cost and expense, to which you hereby consent and irrevocably appoint Poolday as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

B. Usage Rules.  As a user of the Service, these  usage rules (“Rules”) are here to help you understand the conduct that is expected of  users of the Service..

(i) Nature of Rules.  Your use of the Service is subject to all of the Terms, including these Rules:

C. Alerting Us of Violations.  If you discover any content that violates these Terms, then you may report it to us at [email protected].  For alleged infringements of intellectual property rights, see Sections 6 and 7, below.